Mathew v. Donald Wyatt Detention Center et al

Filing 76

ORDER granting 58 Motion to Dismiss; granting 59 Motion to Dismiss; granting 60 Motion to Dismiss; adopting 68 Report and Recommendations. So Ordered by Judge William E. Smith on 12/6/11. (Jackson, Ryan)

UNITED STATES DISTRICT COURT
DISTRICT OF RHODE ISLAND
___________________________________
)
)
)
)
v.
)
)
CENTRAL FALLS DETENTION FACILITY
)
CORPORATION, et al.,
)
Defendants.
)
___________________________________)
EDWARDO ALEXANDRO MATHEW,
Plaintiff,

C.A. No. 09-253-S

ORDER
William E. Smith, United States District Judge.
The

matter

is

before

the

Court

on

cross-objections

by

Plaintiff Edwardo Alexandro Mathew and the Federal Defendants
(both in their official and individual capacity) to Magistrate
Judge

Lincoln

D.

Almond’s

September 30, 2011.

Report

and

(ECF No. 68.)

Recommendation,

dated

Magistrate Judge Almond

recommended that Defendants’ motions to dismiss be granted as to
all

Federal

Defendants.

As

to

the

Wyatt

Defendants,

he

recommended (1) that the motion to dismiss be granted, with
leave to file a second amended complaint within thirty days to
pursue an Eighth Amendment claim against the Wyatt Defendants
pursuant to 42 U.S.C. § 1983; and (2) that Plaintiff’s state law
claims

against

prejudice.

the

Wyatt

Defendants

be

dismissed

without

Magistrate Judge Almond also recommended that, if

Plaintiff did file a second amended complaint asserting Eighth

Amendment claims against the Wyatt Defendants under 42 U.S.C. §
1983, this Court should exercise supplemental jurisdiction over
the state law claims against those defendants.
review of such objections is de novo.

This Court’s

See Fed. R. Civ. P.

72(b)(3).
Upon careful review of Plaintiff’s objection, and mindful
that he represents himself in this matter, it is clear that
Plaintiff has not put forth any new legal arguments that would
call

into

question

recommendations.
Plaintiff,
offered

The

primarily

with

qualified

Magistrate

in

respect

immunity

Judge

additional
the

to

form

the

issues,

of

Almond’s
evidence

similarly

furnished

letters,

Federal

well-reasoned

and

by

presumably

Tort

Claims

Act

and

does

not

change

the

outcome.
The

Federal

Defendants’

limited

objection

is

granted

insofar as the Report and Recommendation contains any language
that could be interpreted as recommending that Plaintiff’s state
law claims against the Federal Defendants be dismissed without
prejudice.

Based upon the thorough legal analysis set forth in

the Report and Recommendation, it is clear that these claims
should be dismissed with prejudice.
With that clarification, the Report and Recommendation of
Magistrate Judge Lincoln D. Almond, filed on September 30, 2011,
is accepted pursuant to 28 U.S.C. § 636(b)(1).
2 

Accordingly,

Defendants’ motions to dismiss are GRANTED.
against

the

Federal

Defendants

are

Plaintiff’s claims

DISMISSED

with

prejudice.

Plaintiff’s claims against the Wyatt Defendants are DISMISSED,
but

Plaintiff

is

GRANTED

leave

to

file

a

second

amended

complaint within thirty days to pursue Eighth Amendment claims
against the Wyatt Defendants, pursuant to 42 U.S.C. § 1983.
Plaintiff’s state law claims against the Wyatt Defendants are
DISMISSED

without

prejudice

to

Plaintiff’s

ability

to

assert

those claims in state court or in this Court if Plaintiff avails
himself of the leave to amend his complaint as just described.

IT IS SO ORDERED.

/s/ William E. Smith
William E. Smith
United States District Judge
Date: December 6, 2011

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